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FARICELLI v. TSS SEEDMAN'S, INC.

94 N.Y.2d 772 (1999)

720 N.E.2d 864

698 N.Y.S.2d 588

CATERINA FARICELLI et al., Appellants, v. TSS SEEDMAN'S, INC., Respondent, et al., Defendant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided October 14, 1999.

Attorney(s) appearing for the Case

Barbara Conroy Singer, Brooklyn, and Stephen A. Harrison for appellants.

Gordon & Silber, P. C., New York City (Jon D. Lichtenstein of counsel), for respondent.

Tromello, Jennings & Siegel, New York City (Peter E. Vairo of counsel), for defendant.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff-wife slipped and fell on a blackened banana peel on the floor in the housewares section of a department store operated by defendant TSS Seedman's, Inc., and brought suit for damages. Plaintiffs contended that, because the peel was blackened, defendant must have had notice of a dangerous condition...

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